Construction Law Solicitors Dublin

Yes, if your architect, engineer, or other construction professional has been negligent and that negligence has caused you financial loss, you may have a claim for professional negligence.

Common examples of professional negligence in construction include: – Design errors causing defects – Inadequate supervision allowing defective work – Negligent valuations or certifications – Failure to identify issues during inspections – Breach of duty in contract administration

Professional negligence claims are generally subject to a six-year limitation period and can be complex, often requiring expert evidence. Most construction professionals carry professional indemnity insurance to cover such claims.

Planning permission requirements depend on the nature and scale of your building works. Many minor works are “exempted development” and don’t require planning permission, but this exemption is subject to numerous conditions and limitations.

You generally need planning permission for: – New buildings or substantial extensions – Material changes of use – Works affecting protected structures – Works in Architectural Conservation Areas – Most commercial developments

Even if planning permission isn’t required, you must still comply with Building Control Regulations, Building Regulations, and party wall legislation. Carrying out works without the necessary permissions can result in enforcement proceedings, and may affect your ability to pursue or defend construction disputes.

We work closely with planning consultants and can advise on planning and building regulation compliance alongside construction dispute matters.

Both adjudication and arbitration are forms of private dispute resolution, but they differ significantly:

Adjudication: – Fast (typically 28 days) – Decision is temporarily binding (can be challenged in arbitration or court) – Limited right of appeal – Governed by Construction Contracts Act 2013 – Available for most construction contracts in Ireland

Arbitration: – Slower (6-18 months typical) – More expensive (often comparable to High Court litigation) – Decision is final and binding (very limited grounds for appeal) – Can be domestic or international – Usually requires an arbitration clause in the contract –

Adjudication is typically used when you need a quick decision to maintain project momentum or cash flow, while arbitration is used when the contract requires it or when parties want a final, binding decision outside the court system.

The cost of construction litigation varies significantly depending on the complexity of the dispute, the amount in issue, and whether the case settles or proceeds to a full trial.  However, it tends to be a very costly form of litigation.

For this reason, we always recommend exploring alternative dispute resolution methods (such as mediation or adjudication) before commencing High Court proceedings. We offer fixed fee arrangements for certain matters and are transparent about costs from the outset.

Your right to terminate a construction contract depends on the specific terms of your contract and the circumstances giving rise to termination. Most construction contracts include express termination provisions setting out the grounds for termination and the procedure to be followed.

Common grounds for termination include: – Persistent breach of contract (e.g., repeated delays, defective work) – Insolvency or bankruptcy of the contractor – Abandonment of the works – Failure to comply with a valid termination notice – Material breach of contract.

Before terminating, you must typically follow the notice procedures set out in your contract (often requiring written notice and an opportunity to remedy the breach). Wrongful termination can expose you to significant liability, so it’s critical to obtain legal advice before terminating a construction contract.

Adjudication is a statutory dispute resolution process introduced by the Construction Contracts Act 2013. It provides a fast way to resolve payment disputes and other construction-related disputes.

Key features of adjudication: – Available for most commercial construction contracts in Ireland (subject to certain exceptions) – Decisions typically made within 28 days – Adjudicator’s decision is binding unless overturned by arbitration or court proceedings – Enforced through the High Court if necessary – Both parties share the adjudicator’s fees

Adjudication is particularly useful when you need a quick resolution to maintain cash flow or project momentum.

The limitation period for construction defects claims depends on the legal basis of your claim. For breach of contract claims, you generally have six years from the date of breach (typically completion of the works). For negligence claims (tort), the limitation period is six years from the date the damage occurred or from the date you became aware (or should reasonably have become aware) of the damage.